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Boy Scouts to admit transgender boys: Why the shift?

The Boy Scouts of America now allows transgender boys to enroll in its scouting programs, but local units sponsored by churches and other faith-based groups can opt out. 

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Noah Berger/Reuters
Boy Scout Casey Chambers carries a rainbow flag during the San Francisco Gay Pride Festival in California in this June 29, 2014 file photo.The Boy Scouts of America will now allow transgender boys to become Scouts.

The Boy Scouts of America said Monday it will allow transgender children who identify as boys to enroll in its scouting program, reversing a century-old practice of determining a child鈥檚 eligibility through the gender written on their birth certificate.

But the announcement comes with a caveat.听

Churches and other faith-based sponsors of local Cub and Boy Scout programs 鈥渨ill have the right to make decisions [about transgender boys] based on religious beliefs,鈥 a spokeswoman for the Boy Scouts confirmed for 海角大神 on Tuesday.

鈥淎dditionally, we will work with families to find local scouting units that are the best fit for their children,鈥 the spokeswoman wrote in an email.

The new practice marks a shift in how quickly an organization that has long personified traditional American ideas of boyhood and masculinity adjusts to a country changing right in front of its eyes. When the scouting movement was founded a century ago in Britain by Robert Baden Powell, an English veteran of the Boer War, he wrote in the Scout鈥檚 1908 manual that each boy should be like 鈥渙ne brick among many others in the wall鈥 holding up a house, an ode to uniformity and soldier-like readiness.

When it was confronted with cultural conflicts involving race and, later, sexual identity, Boy Scouts of America (BSA) was slow to respond to change. During the Civil Rights era, some local groups' refusal to admit African-American Scouts led to听complaints of segregation. And only after three decades听 of criticsm听and legal battles did the organization lift its ban on gay Scouts, in 2013, and on gay Scout leaders, in 2015.

But the recent decision to become inclusive of transgender boys came after weeks of conversation, not years, the organization said in a written and video statement.听

鈥淚 think it sends a clear message 鈥撎齮he Boy Scouts have turned a corner in how they鈥檙e approaching these kinds of issues,鈥 says Zach Wahls, co-founder of Scouts for Equality, a nonprofit that advocates for stronger protections in the organization for gays and transgender people.

鈥淏oy Scouts of America is one of our country鈥檚 preeminent civic organizations. Them choosing to acknowledge gender identity is a really big step forward,鈥 continues the Eagle Scout, mentioning BSA's millions of members and iconic status. 鈥淭he fact they were able to do this without a protracted public campaign is pretty remarkable.鈥

But the fine point of this policy, to allow local exceptions because of religious beliefs, also shows the organization鈥檚 continued attempts to maintain the support of the faith-based groups that sponsor about 70 percent of its troops, while still keeping pace with societal changes. Even so, Monday's听diplomatic approach was met with criticism.

鈥淭he Boy Scouts of America sacrificed its last vestige of integrity on the altar of political correctness,鈥 wrote Todd Starnes, a Fox News columnist and commentator, in an article titled 鈥.鈥

"It's very sad news," adds Mark Hancock, chief executive officer of Trail Life USA, a 海角大神-based scouting organization founded in response to BSA lifting its ban on gay Scouts.

"We don鈥檛 want to see boys psychologically or spiritually scarred by the confusing message that it gives them," he says about transgender children. "It's about protecting kids and giving them a good, healthy experience. I can't imagine how I would be able to structure any policies to prevent them from being harmed in that kind of environment."听

The policy that BSA implemented with its announcement on Monday allows transgender children who identify as boys to enroll in its boys-only programs. The organization previously relied only on the gender written on a child鈥檚 birth certificate. Now, eligibility will be determined by the gender a parent or child lists on the application to become a Scout.听

The organization said the change came in response to the national debate about gender identity and transgender rights, with cities and states wrestling with whether and how they should regulate gender identity in public restrooms and at schools.听

鈥淔or more than 100 years, the Boy Scouts of America, along with schools, youth sports and other youth organizations, have ultimately deferred to the information on an individual鈥檚 birth certificate to determine eligibility for our single-gender programs,鈥 the organization said in a written statement as well as a video statement from Chief Scout Executive Michael Surbaugh. 鈥淗owever, as communities and state laws are interpreting gender identity differently, and these laws vary widely from state to state.鈥

But public image may also play a role: The Girl Scouts have already allowed transgender girls into its groups, and BSA听faced negative publicity and the legal threat of a civil rights complaint for an 8-year-old transgender boy who听. Joe Maldonado was forced out of his Cub Scout unit in December after some parents complained about the fact that听he had been born a girl.

Joe鈥檚 mother, Kristie Maldonado, told The Record newspaper that听she filed the complaint with state officials last week, charging the Northern New Jersey Council of the Boy Scouts with discrimination. She said she was considering moving forward with the complaint, but received a call from the Boy Scouts on Monday night informing her Joe would be welcomed back.

However, the new policy also allows units sponsored by faith-based groups to opt out because of their religious beliefs. About 70 percent of local Cub and Boy Scout units are sponsored by faith-based groups, of which the Mormon church is far and away the largest: in 2015,听belong to BSA units sponsored听by The Church of Jesus Christ of Latter-day Saints, according to the Deseret News in Salt Lake City, Utah.

In a Tuesday press release, church leadership announced that it is studying the BSA's announcement. In 2015, the Mormon church听took a deliberate, month-long pause to reexamine its affiliation with the Scouting programs when Boy Scouts of America chose to end its ban on gay adult leaders. However, it has continued to support Scouting units, after BSA assured the church and other religious sponsors that local groups would be able to appoint Scout leaders based on their values.

In July of that year, the Boy Scouts ended its blanket ban on gay Scout Leaders, after years of resistance starting in the 1980s and 1990s. In 2000, the Boy Scouts won a 5-4 Supreme Court ruling that upheld the ban, after the defense argued听that the Scout oath to be 鈥溾 implied an opposition to homosexuality and was part of the Scouts鈥 core message. But in the next decade, the Boy Scouts faced a petition with in favor of admitting gay Scouts, and by the New York Attorney General鈥檚 Office to determine whether the organization had discriminatory employment practices.

In light of that history, the new policy sends a strong message, despite its limits, say gay and transgender rights advocates. 听

鈥淭he fact the boy scouts are taking such a clear and positive step and making it explicit really is a signifier of the growing American understanding of transgender people and the need to end discrimination,鈥 says Evan Wolfson, a gay rights advocate and the lawyer who argued in front of the Supreme Court in the 2000 case, Boy Scouts of America v. Dale. 鈥淭he fact they鈥檙e taking this step when there is so much bitterness and hostility to transgender and gay people still among the shrinking base of the right wing is a very welcome and encouraging sign to the country.鈥

But, he adds, Boy Scouts shouldn鈥檛 鈥渇ranchise discrimination鈥 by allowing religious-sponsored units to exclude gay Scout Leaders or transgender boys.

Jen Manion, a history professor at Amherst College, says the practice also speaks to the role of children in the debate about gender identity and acceptance in the United States. Apart from Joe, a on a Los Angeles-area baseball team has drawn attention in the sports world, and individual students have become the face of legal debate over school restrooms and changing facilities.

鈥淚 think with young people you have these tremendously courageous kids, 听some of them with supportive parents and supportive communities,鈥 she says. 鈥淭hey are really putting themselves out there 鈥撎齟ducating, educating, educating. I like to think that it鈥檚 part of a bigger movement.鈥

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